RESULTS

Obtain property by deception / 1 Day Good Behaviour Bond Without Conviction

Case: Fake Gift Cards To Fund Gambling Addiction.

Our client was young and suffering a gambling addiction. He bought and sold unusable gift cards.

Charges/ Ch1, 2 (obtain property by deception)

Result/ Ch2:  withdrawn; Ch1:  good behaviour bond (1 day) without conviction

Our lawyer had one charge withdrawn and submitted that our client was young and had since obtained gainful employment in which he was thriving and mentoring young people in the sports community, as well that the offending was 3 years ago and he had moved on with his life. Magistrate agreed and gave our client a minimum penalty for a serious offence.

Assault / Withdrawn

Case: Reasonable force for false imprisonment.

Our client had an argument with his partner and packed his bags to leave the residence. His partner prevented him from leaving and he moved her out of the doorway accidentally tripping over a bag.

Charges/ Ch1 (unlawful assault)

Result/ Ch 1:  withdrawn

Our lawyer submitted that the complainant had unlawfully detained our client, he had no other avenue to leave and could use reasonable force to leave the premises which is a defence to the assault charge.

s60 Fail To Provide Information of Driver / Withdrawn

Case: Section 60 Road Safety Act Charge Invalid.

Our client’s car was used in a hoon driving incident caught on CCTV performing burnouts and doughnuts. The driver was not identifiable due to the low quality of the video but the number plates were easily read. Police approached our client to provide information of the person driving and make reasonable enquiries.

Charges/ Ch1 (s60 fail to give information or make reasonable enquiries)

Result/ Ch1:  withdrawn

BCL lawyers identified a technical error in the charges in that two offences were contained in the one charge which is impermissible at law. The prosecutor agreed to withdraw the charge providing that our client did not make an application for costs.

Drink and Drug Driving / Skills Connect

Case: Drink & Drug Driving after a big night out.

Our client went out drinking the night before and slept at a friends house. Woke up early to get to his job as an apprentice electrician and was pulled over by police and was charged with both drink and drug driving.

Charges/ Ch1 (combination drink and drug driving);  Ch 2, 3 (drink driving); Ch 4, 5 (drug driving)

Result/ Ch 2 to 5 withdrawn; Ch1: Placed on Skills Connect program with 12 months mandatory loss of licence

Our lawyer submitted that our client was a youthful offender and under pressure as a young apprentice and thought he was ok to drive after a big night out at the casino. Magistrate was of the view that client had high prospects of rehabilitation and placed client on the Skills Connect program.

Breach Intervention Order / Diversion

Case: SMS message after court that breached IVO.

Our client took exception to a car restorer who tried to overcharge for an agreed fee then the restorer took an IVO out against him. Client wanted his car back and sent two sms messages to the restorer which breached his IVO. One was sent right after court attendance for the intervention order.

Charges/ Ch1, 2 (Breach of Intervention Order)

Result/ Diversion granted: immediately dismissal, no conditions

Our lawyer received consent for Diversion from the prosecutor as our client was a first time offender and the context was a civil dispute. The magistrate agreed and granted Diversion.

Public Transport Offences / Diversion

Case: Unpaid train ticket and abusing PSO.

Client was on a train going home when asked by PSOs to show his ticket, he also had his feet on the seat. Client believed he had a valid ticket as he had a collection of transport passes at home he always puts credit on them. He was tired and abused the PSOs who called police.

Charges/ Ch1 (invalid ticket), Ch2 (feet on seat), Ch3 (offensive behaviour)

Result/ Diversion granted: all charges dismissed after 3 months

Our lawyer asked client to write a letter of apology to the PSOs who then recommended him for Diversion. Magistrate accepted that client was tired and irritable, but would be more respectful in future.

17 of 18 Family Violence Charges Withdrawn

Case: Serious Intervention order and Stalking charges withdrawn.

Our client was charged with 15 breaches of an intervention order, stalking and using a carriage service to harass an ex-partner (the complainant). Client was at work on night shift for many of the allegations but agreed that he did breach on one occasion by sending an email.

Charges/ Ch1 to 12 (Breach IVO); Ch13 to 15 (Persistent Breach IVO); Ch16 (Careless Drive); Ch17 (Use Carriage Service to Harass); Ch18 (Stalking)

Result/ Ch 1, 3 to 18 withdrawn; Ch 2 Plead Guilty: $1500 fine with conviction

Our lawyer argued that the police pre-judged our client’s guilt by charging him without an interview, and then did not follow up on his alibi. Further, the alleged phone calls and SMS messages were not from our client’s phone; one of the police witnesses had lied on oath as to not knowing the complainant when they had been communicating via SMS and phone calls, with one of these messages saying that the complainant had deleted incriminating SMS messages about the case. The prosecutor agreed to withdraw the bulk of the charges. We argued for a non-conviction but our client had prior history for IVO breaches.

Use Mobile Phone / Withdrawn

Case: Charged for using a mobile phone that was touching leg.

Client was driving a new car that didn’t have a mobile phone caddy fitted. When she turned a corner her phone slipped from the centre console and was resting against her leg. Cycle police charged her with using a mobile phone.

Charges/ Ch1 (use mobile phone)

Result/ withdrawn

Our lawyer argued that police have taken too long in providing the audio recording between police and client and made an application for costs against police which the Magistrate was minded to agree to. The prosecutor withdrew the charge on the basis that client has a contestable matter providing no costs were sought. 

Breach intervention order / Diversion

Case: Diversion For Persistent Breach Of Intervention Order.

Client was young and in a long term relationship. He found out his partner was cheating on him with his best friend. Client made harassing phone calls to his now ex-partner trying to get answers.
Charges/ Ch1 (persistent breach of intervention order), Ch2 (use of carriage service to harass)
Result/ Diversion granted: 6mo good behaviour; $400 donation

Police initially refused Diversion, however our lawyer persisted and Diversion was approved by an officer in charge. Our lawyer arranged a psychologist opinion that client is little risk of reoffending and submitted to the court with other submissions that client was young and had learned from the incident.

Breach Intervention Order / Withdrawn

Case: No breach of IVO for Protecting Settlement Money.

Our client was going through a divorce. His wife had an intervention order against him which he was defending. His wife claimed that he breached his IVO by transferring money from a joint account and claimed it was economic abuse.

Charges/ Ch1  (Breach of Intervention Order)

Result/ Ch1: withdrawn

BCL Lawyer found information that the wife had done taken money from a joint account 2 weeks prior and that our client was concerned that she was stealing settlement money. He made the transfer to protect the funds. Prosecution agreed and withdrew the charge.